63In the light of the criteria set out in paragraph 61 above, it must be held that a leak of solvent, such as that at issue in the main proceedings, on the hypothesis that it was caused by the incorrect closure of an unloading device, is not to be regarded as an abnormal circumstance extraneous to a trader in the business of the transportation of liquid substances, but rather as a consequence of failure to exercise the care ordinarily due in the context of the business of that trader, with the result that neither the objective nor the subjective elements of the concepts of ‘force majeure’ and ‘unforeseeable circumstances’, referred to in that paragraph, are met in the present case.
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